An unintended retained surgical item (RSI) is an item unintentionally left inside a patient1 (in this case a surgical towel). Among never events, RSI is the most frequently reported to the Joint Commission.2 As in this case, NORCAL Group (now part of ProAssurance) closed claims involving RSIs often involve reporting of correct counts or completed surgeries, despite knowledge of an incorrect count.
The patient sued the surgeon, other members of the surgical team, and the hospital, alleging that failure to remove the surgical towel during the initial surgery was negligent.
During surgery, the surgeon used a blue surgical towel to serve as a buffer between metal retractors and tissue. He assumed the towels were being counted, but they were not — the use of non-radiopaque towels inside a patient was against hospital policy so surgical nurses did not routinely count them. Therefore, the count was reported as correct because the sponge, needle, and instrument counts were correct even though the surgeon left a towel inside of the patient. The towel was discovered six months later. Surgical removal of the towel required bowel resection and extended recovery time.
During discussions with the surgeon and other members of the surgical team following the discovery of the towel, various patient safety problems were discovered. For example, the surgical towels did not have radiopaque labels because the hospital had a policy against using them for anything other than draping patients. However, despite the policy against it, surgeons routinely asked for them; and nurses, although they were not counting them, routinely provided the towels during surgery with no mention of the policy against it.
The defendant surgeon admitted that he had not considered whether the towels had radiopaque labels. He had always used them during surgery. He assumed that they, along with any other RSI, would be visible on x-ray. He also assumed a surgical towel would be too big to miss during his standard visual and manual search before closing. If the nurses and surgeon had complied with the policy, the towel would not have been left inside the patient. It is possible that surgical team members would not have used the towels if administrators had explained that the surgical towels were not radiopaque and were, therefore, not appropriate for use inside of the patient.
Consider the following strategies:1,3,4,5,6
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References
1. The Joint Commission. Patient Safety Advisory Group. “Preventing Unintended Retained Foreign Objects.” Sentinel Event Alert, Issue 51, October 17, 2013.
2. Victoria M. Steelman, et al. “Retained Surgical Sponges: A Descriptive Study of 319 Occurrences and Contributing Factors from 2012 to 2017.” Patient Safety in Surgery. 12, 20 (2018). DOI: 10.1186/s13037-018-0166-0
3. Agency for Healthcare Research and Quality. “Improving Communication and Teamwork in the Surgical Environment Module: Facilitator Notes.” Page last reviewed May 2017.
4. World Health Organization. “Objective 7: The Team Will Prevent Inadvertent Retention of Instruments and Sponges in Surgical Wounds.” WHO Guidelines for Safe Surgery 2009: Safe Surgery Saves Lives.
5. Stanislaw P.A. Stawicki, et al. “Retained Surgical Items: A Problem Yet To Be Solved.” Journal of the American College of Surgeons. 2013 Jan;216(1):15-22. DOI: 10.1016/j.jamcollsurg.2012.08.026
6. NoThing Left Behind. Prevention of Retained Surgical Items. “All Providers.”